RAJAMANICKAM Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) Challenge is made by the father of the detenu in H.C.P. No.1809 of 2009 and wife of the detenus in H.C.P. Nos.1810 and 1811 of 2009 to the orders passed by the first respondent in B.D.F.G.I.S.S.V. Nos. 57, 56 and 58/2009 dated 7.8.2009.

(2.) Affidavits filed in support of the petitions are perused. The Court heard the learned Counsel appearing for the petitioners and looked into the materials available on record, in particular, the orders under challenge.

(3.) It is not in controversy that pursuant to the recommendations made by the sponsoring Authority that the detenu in H.C.P. No.1809 of 2010 is involved in one adverse case viz. Chengalpattu Taluk police station Crime No.189 of 2008 for the offences under Sections 147, 148, 341, 302 read with 34, 149 of the Indian Penal Code and also ground case in Crime No.470 of 2009 registered by Guduvanchery police station for the offences under Sections 147, 148, 324, 302 of the Indian Penal Code read with Sections 3 and 5 of Indian Explosive Substances Act, 1908 and Section 3(i) of TNPPDL Act, the detenu in H.C.P. No.1810 of 2010 is involved in one adverse case viz. Chengalpattu Taluk police station Crime No.189 of 2008 for the offences under Sections 147, 148, 341, 302 read with 34, 149 of the Indian Penal Code and also ground case in Crime No. 470 of 2009 registered by Guduvanchery police station for the offences under Sections 147, 148, 324, 302 of the Indian Penal Code read with Sections 3 and 5 of Indian Explosive Substances Act, 1908 and Section 3(i) of TNPPDL Act and the detenu in H.C.P. No. 1811 of 2010 is involved in one adverse case viz. Guduvancheri police station Crime No. 611 of 2008 for the offences under Sections 147, 148, 341, 294(b), 307, 506(ii) of the Indian Penal Code and Section 3(i) of TNPPDL Act, 1992 and also ground case in Crime No. 470 of 2009 registered by Guduvanchery police station for the offences under Sections 147, 148, 324, 302 of the Indian Penal Code read with Sections 3 and 5 of Indian Explosive Substances Act, 1908 and Section 3(i) of TNPPDL Act and on scrutiny of the materials available, the detaining Authority, after recording its subjective satisfaction that the detenus have indulged in activities, which are prejudicial to the maintenance of public order, passed the detention orders under challenge, after terming them as "Goonda" under the Act 14 of 1982.